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5 min read
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Daniel Weltin

Hurt on AC Transit, BART or Muni? The 6-month claim deadline

If you were hurt as a passenger on a public bus or train, or hit by a public bus as a driver, cyclist or pedestrian, your claim is against a public agency such as AC Transit, BART or San Francisco's Muni. In California, a personal injury claim against a public agency usually must be filed with that agency within six months of the injury (Government Code § 911.2). That is much shorter than the usual two-year deadline for an injury lawsuit.

Who runs the buses and trains?

  • AC Transit (Alameda-Contra Costa Transit District) runs buses in western Alameda and Contra Costa counties.
  • BART (San Francisco Bay Area Rapid Transit District) runs the BART train system and its stations.
  • Muni buses, light rail and cable cars are run by the San Francisco Municipal Transportation Agency, part of the City and County of San Francisco.

Each is a public entity, so the Government Claims Act applies. Private shuttles, charter buses and tour buses follow different rules.

The deadlines

  • Six months from the injury to present a written claim to the agency (Gov. Code § 911.2).
  • If the agency mails or hands you a written rejection, you generally have six months from that notice to file a lawsuit (Gov. Code § 945.6).
  • If the agency never sends a proper written rejection, the deadline to sue is generally two years from the injury.

The law allows a request to file a late claim in limited situations, but it is harder and not guaranteed. Do not count on it.

Transit agencies must use the utmost care

California treats a bus or train operator that carries passengers for pay as a common carrier. It must use "the utmost care and diligence" for passengers' safety (Civil Code § 2100). That is a higher standard than ordinary care, and it can matter when a bus or train brakes hard, moves before a passenger is seated or safely off, or crashes.

What to do after a bus or train injury

  • Get medical care and keep your records.
  • Write down the bus or train number, route, direction, time and place.
  • Get names and phone numbers of witnesses.
  • Take photos of your injuries and the scene.
  • Keep your fare receipt, pass or Clipper card record.
  • Call a lawyer quickly. Video and records can be lost, and the six-month clock is running.

Our result against AC Transit

Daniel Weltin recovered $8 million in Harris v. AC Transit, a bus injury case in Alameda County (2017). Past results do not guarantee a similar outcome in your case.

Related pages

Free consultation. Se habla español. Call (510) 856-4421.

Reviewed by Daniel Weltin, attorney at law. Updated November 2026. This guide is general information, not legal advice for your case. Laws change, so call us about your situation.

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